The EEOC suffers another blow - the Tenth Circuit affirms grant of summary judgment to employer against the commission

Lexology.com
Seyfarth Shaw LLP

Christopher J. DeGroff and Gerald L. Maatman, Jr.

 USA     July 11 2012

Yesterday, the EEOC’s aggressive attempt to litigate issues under the Americans With Disabilities Act faced a resounding defeat in EEOC v. The Picture People, Inc., No. 11-CV-1306 (10th Cir. 2012). The Tenth Circuit affirmed the U.S. District Court for the District of Colorado’s grant of summary judgment to the employer, the Picture People (“TPP”), and dismissed the EEOC’s lawsuit, which asserted that TPP harassed, discharged, and retaliated against a deaf employee in violation of the ADA. We previously blogged on EEOC v. The Picture People, Inc. (here), and why the EEOC's claims were rejected. EEOC v. The Picture People, Inc. stems from the grant of summary judgment on the basis that Jessica Chrysler, a disabled employee at TPP, could not establish that “she was qualified – with or without accommodation – to perform an essential function of her job[.]” Id. at 2.

The 10th Circuit's ruling is an important development addressing what, if any, accommodations are reasonably required of employers under the ADA’s new amendments, and another defeat for the EEOC's strategic enforcement program.

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